ALLOCATING RISK IN MODERN TOWAGE: The 2024 UK Standard Conditions And Accountability In Tug And Tow Operations, Helmsman Paper Featured At ICMA 2026
Our Hong Kong office Associate, Minerva Chan authored an ICMA paper examining the role of towage contracts in managing operational risk and liability in the maritime industry - an area characterised by uncertainty, tight timelines and overlapping legal obligations. For decades, the 1986 UK Standard Conditions for Towage and Other Services have provided the benchmark terms for such services. However, evolving shipping practices, technological developments and emerging risk profiles have increasingly tested the adequacy of the 1986 framework.
On November 12, 2024, the British Tugowners’ Association released the updated 2024 UK Standard Conditions, representing a significant overhaul designed to address modern complexities, including environmental liabilities and cybersecurity threats.
Using the 2024 UK Standard Conditions as the reference point, this paper considers:
- How the new 2024 Conditions recast and clarify liability, including vicarious liability and the division of responsibility between tug and tow
- The extent to which the revised provisions are likely to reduce disputes and enhance legal certainty for tugowners, hirers and their insurers
- The introduction of express provisions addressing environmental risk and how these interact with existing statutory and contractual regimes
- The inclusion of cybersecurity-related obligations and the practical implications for operators, particularly in the modern era of increased digitalisation and remote operations
Viewed against the long-standing reliance on the 1986 Conditions, the 2024 update represents an important recalibration of risk allocation. It seeks to align towage contracts more closely with today’s operational realities, while promoting clarity and predictability for stakeholders and balancing the interests of tugowners, hirers and insurers.
About the author
Minerva Chan is an Associate in the Shipping and Commodities Practice of our Hong Kong office. She advises on a range of contentious matters in shipping arbitration and international trade, including charterparty disputes, cargo claims, ship arrest and enforcement, , as well as related insurance and commercial issues. Minerva is committed to developing expertise in the maritime sector, with an understanding of the international shipping industry.
For further enquiries, please contact:
Minerva Chan at minerva.chan@helmsmanlaw.com
Tang Chong Jun at tang.chongjun@helmsmanlaw.com.
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